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What are the benefits of immigration to Canada?
Migrating to Canada opens up certain advantages, some of which are
Once I am a permanent resident of Canada, do I have to stay in Canada?
Within any five (5) year period, a permanent resident must be:
How can I become a permanent resident of Canada?
To be eligible to immigrate to Canada, one must meet the requirements of one of the many categories of Canadian Immigration:
and apply for Permanent Residence in Canada through a designated Case Processing Centre/Centralized Intake Office.
How can I become a citizen of Canada?
Only after having resided in Canada for three (3) out of four (4) years as a permanent resident/landed immigrant of Canada, is one eligible to apply for Citizenship.
What does Canadian permanent resident status confer?
Pursuant to the provisions of Canada’s constitutional laws, the holder of a Canadian permanent resident visa and his/her accompanying dependants are permitted to permanently reside in Canada and earn a livelihood in any one of the ten provinces or three territories within Canada. In addition, individuals with Canadian permanent residence may attend primary and secondary education institutions in the various provincially administered public school systems, tuition exempt. Permanent residents also qualify for provincially administered universal health care coverage.
Who qualifies for permanent residence under the Economic class?
Skilled worker class, Quebec skilled worker class, provincial nominee class, entrepreneur class, investor class, self-employed persons class, Canada experience class.
Who is included in the application for permanent residence?
The application for permanent residence generally includes the applicant, spouse or common-law partner or conjugal partner 16 years of age or older and any unmarried children under the age of 19 years. Children over the age of 19 may in prescribed circumstances, be included as accompanying family members.
Where are applications submitted?
Applications for Canadian permanent residence under the Skilled Workers Class are initially filed inside Canada through the Centralized Intake Office – Case Processing Centre in Sydney, Nova Scotia. Once approved, the application will undergo further processing with an appropriate immigration office outside of Canada that serves the country where the applicant is legally residing or the immigration office that serves the applicant’s country of nationality.
Must the applicant travel to Canada as part of the immigration process?
The applicant need not visit Canada as part of the immigration process. However in some cases, familiarity with the Canadian landscape and particularly with the area of intended destination can impact positively on the assessment.
Applicants applying under the Investor or the Entrepreneur class are encouraged to undertake exploratory visits to Canada and participate in information sessions sponsored by the provinces. For Entrepreneur Class applicants, such efforts may relate to an indication of an applicant’s ability to meet the universal terms and conditions of admission.
How can I apply under Express Entry?
The first step is to assess whether you fulfill the Express Entry eligibility requirements that involves evaluation of your age, language skills, educational qualifications, professional experience, presence of family members and/or relatives in Canada, and job offer(s) from Canadian employer(s).
If you are eligible, the next step is to create your Express Entry profile. Upon submission, your profile will be evaluated by Immigration, Refugees and Citizenship Canada (IRCC) and you will be included in the Express Entry pool of candidates and assigned points under the Comprehensive Ranking System (CRS).
I am in The Express Entry Pool. Now What?
Track Express Entry draws and compare your score with the cut off score of each draw. If your score exceeds the CRS cut off, then you become eligible to receive an Invitation to Apply. You can then submit your application under your preferred skilled worker immigration program and, upon approval, obtain permanent residence in Canada.
Is a job offer from a Canadian employer mandatory?
No. While having a job offer can help you score additional CRS points, absence of job offer does not disqualify your Express Entry profile. However, you won’t be eligible for certain Skilled Worker programs that require successful applicants to have a job offer from a Canadian employer.
How long will I remain in Express Entry pool?
Your Express Entry profile will be valid for a period of one year (12 months). After this, you will have to fulfill applicable eligibility requirements and apply into the Express Entry pool again.
Does it help to have a relative in Canada?
The principal applicant receives five points for adaptability if they or their accompanying spouse or common-law partner, have a close relative in Canada such as a parent, grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle, aunt, nephew or niece who is a Canadian citizen or permanent resident and is physically residing in Canada.
What are the general tax implications of acquiring Canadian permanent residence?
The Canadian Government imposes income tax on the basis of residency rather than citizenship. It is therefore possible to become a Canadian citizen and a non-resident for tax purposes. After becoming a permanent resident and prior to attaining citizenship, an individual would be required to pay Canadian taxes on worldwide income.
The assets of a newly arriving immigrant are not taxed under Canadian law.
Who must attend the selection interview?
The applicant and spouse (where applicable), will generally be required to travel to the processing immigration office and attend a selection interview. In many cases, the requirement for a spouse to attend the selection interview can be waived.
As well, certain posts require that accompanying dependent children over the age of 22 years attend the immigration selection interview.
What about the interview process?
Generally, an interview would be conducted to ensure the accuracy of the information contained in the documentation submitted; to clarify issues relating to the applicant’s background; to confirm an applicant possesses the necessary means to settle in Canada; to verify the absence of security inadmissibility’s; to ensure the applicant is intending to enter the Canadian labour market; to verify whether there are sufficient grounds to exercise positive discretion; etc. The interview cannot be conducted to verify an applicant’s language abilities.
Under the Business Class (Investor, Entrepreneur, Self-Employed), applicants are interviewed to ensure conformance with the statutory definitions and to review the general parameters of the business proposal in Canada.
Applicants are advised to bring to the interview, all original documentation supporting the application; certificates of non-criminal conviction; evidence of settlement funds.
What about interview waivers?
Certain factors may justify the waiving of a selection interview. This is a highly discretionary aspect of the Regulations and is largely a function of the immigration office in question, the habitual residence of the applicant and the documentation in support of the applicant’s qualifications.
What documents are submitted along with the application?
(Applicable for the Centralized Intake Office – Case Processing Centre – Sydney)
All Federal Skilled Workers applications must contain in prescribed format, the name, birth date, and address, nationality and immigration status of the applicant and all family members of the applicant and the class of visa being requested. The application must also contain the four-digit codes from the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience. Supporting documentation includes copies of passports, birth and marriage certificates, proof of language proficiency, evidence of past work experience, official evaluation of education credentials, evidence of sufficient settlement funds, photos and the required processing fees.
What if the intended occupation differs from past employment positions?
There is no requirement for an applicant to become employed in Canada in an occupation that is consistent with past employment experience.
What if the intended occupation requires registration/licensing?
There are a number of occupations in Canada requiring registration and/or licensing, as a condition of employment, a process that varies from province to province. However, the employment requirements including occupational licensing is not a requirement that must be met as a condition of immigration approval.
Is there a requirement for the applicant to obtain a government approved offer of
employment in order to qualify for permanent residence under the Skilled Worker Class?
No. Under current rules, an applicant can qualify for admission under the Federal Skilled Workers program without an approved offer of employment on the basis of possessing at least one year of applicable full-time experience in one of 50 major high demand occupations.
However, applicants who do not meet the above requirement must obtain a suitable offer of employment which must be approved by Employment and Social Development Canada (“ESDC”). This is referred to as “arranged employment”. This will also provide a prospective applicant with an additional 15 units of assessment.
The current selection rules favour applicants with government approved job offers in Canada.
Are assets/personal net worth determining factors in the selection process?
Under the skilled worker class, applicants must provide evidence of sufficient funds for the family to travel and settle in Canada as measured against the current annual Low Income Cut-Off (LICO) published by Statistics Canada.
A sum of approximately $22,000 would satisfy the requirements for a family comprising of the applicant, spouse and two children. Such evidence may be furnished immediately prior to visa issuance.
Exempt from this financial requirement would be applicants who have received an approved job offer in Canada.
What is LMIA (Labour Market Impact Assessment)?
A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada must usually get before hiring a foreign worker.
It’s a two-step process to obtain a Canada work permit. First, the Canadian employer must submit a qualifying LMIA application to Employment and Social Development Canada (ESDC). It is incumbent on the Canadian employer to also submit a detailed list of Canadians who applied for the position; the number of Canadians interviewed for the position, and detailed explanation for why the Canadian candidates considered were not hired. Canadian employers may be subject to inspection for compliance once a work permit has been issued.
A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter. The Canadian government employer reviewing an application must determine that hiring of a foreign worker will have a positive or neutral effect on the Canadian labour market.
If you need an LMIA, your employer must send an application to Employment and Social Development Canada (ESDC).
When assessing the merits of the applicant ESDC will consider:
If ESDC is satisfied that a given region and industry are healthy enough to sustain foreign labour, a positive LMIA will be issued.
As per targeted employee being classified as “high wage” or “low wage” LMIA process becomes different. Temporary foreign workers being paid under the provincial/territorial median wage are considered low-wage earners, while those being paid at or above are considered high-wage earners.
LMIA processing times can be somewhat unpredictable, ranging from a couple of weeks, to a few months. Employment and Social Development Canada (ESDC) has pledged to process certain LMIA applications within 10 business days. The following categories will now be processed with a 10-business-day service standard:
LMIAs are specific to employers, the position being offered, and the region in which the job is located. Obtaining a positive LMIA does not allow you to change your job or employer, or move to another Canadian region after acquiring a work permit. In any of those instances you are required to seek a new LMIA.
If you are intrested to immigrate to Canada, fill out our online assessment form.
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Disclaimer: VisaAffix Services L.L.C. provides consultancy services to clients for temporary as well as permanent residency visa-related matters and deals with documentations and filing applications. It is neither a legal firm nor does it provide any kind of legal advice/assistance or suggestions to its clients/users/visitors. The information presented on our website should be used for reference purposes only and not as a substitute for any professional advice.